Dutch law may give you certain rights that cannot be waived in a contract, these conditions are not intended to limit these rights.
Article 1 - Definitions
1. Awaves B.V.: the Dutch (besloten vennootschap) company that developed and owns Awaves Play.
2. Awaves Play: the online platform where you can get the user experience of an artificial intelligence DJ.
3. User: the person making use of Awaves Play.
4. Parties: Awaves B.V. and the User together.
6. Personal non-commercial use: any use outside the User’s private sphere is considered to be non-personal and commercial, to be determined by Awaves B.V.
Article 3 - Price increases
Awaves B.V. has the right to increase the price for the use of Awaves Play at any time.
Article 4 - Use of Awaves Play
2. For non-personal and/or commercial use, the User must have an applicable subscription. If use occurs without an applicable subscription, Awaves B.V. shall charge the User a fee in accordance with the subscription model, which the User shall pay forthwith.
Article 6 - Transfer of rights
1. Rights of the User arising from an agreement between the parties cannot be transferred to third parties without the prior written consent of Awaves B.V.
2. This provision is considered a clause with property-law effect as referred to in Article 3:83(2) of the Dutch Civil Code.
Article 7 - Minimum age
In order to use Awaves Play, the User must:
– 13 years of age or older; or
Article 8 - Availability of Awaves Play
Awaves B.V. will do everything reasonable to keep Awaves Play operational. However, the availability of Awaves Play may change from time to time and is subject to Dutch law. Awaves B.V. is not liable to the User if:
– Awaves Play is temporarily interrupted by technical problems, malfunctions, maintenance or tests and updates.
– Awaves B.V. decides to modify or terminate Awaves Play.
Article 9 - Use of trade name
Article 10 - Additional rights Awaves B.V.
Article 11 - Suspension of access
Article 12- Warranty
1. Awaves Play is available in the state in which it is available online, without any express, implied or statutory warranty. Awaves B.V. does not guarantee that Awaves Play is free of harmful components such as malware.
2. Awaves B.V. gives no guarantees and accepts no responsibility for products or services promoted via Awaves Play.
3. No warranty can be derived from oral or written information obtained from Awaves B.V.
Article 13 - Intellectual property rights
1. All copyrights, trade rights, and other intellectual property rights in and related to Awaves Play are the property of Awaves B.V.
2. The User is not allowed to copy, distribute, or use Awaves Play or any part thereof as the basis for derivative works without Awaves B.V.’s prior written consent.
Article 14 - Liability
Awaves B.V. and its representatives, shareholders, employees, directors, successors and assignees shall not be liable for:
a. Any damage caused by the use or inability to use Awaves Play.
b. Any loss of use, loss of data, loss of business or profit caused by the use or inability to use Awaves Play.
Article 15 - Indemnification of Awaves B.V.
Article 16 - Collective or group action
Article 17 - Amendments
Article 18 - Consequences of nullity or voidability
Article 19 - Applicable law and competent court
1. Only Dutch law applies to the use of Awaves play.
2. The Dutch court in the district where Awaves B.V. has its registered office has exclusive jurisdiction to hear any disputes between the parties, unless compulsory law prescribes otherwise.